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Tereshko Resigns as Supervising Judge in Wake of Critical Superior Court Decision

October 26, 2012

Superior Court Judge Anne E. Lazarus, a former colleague of Tereshko's on the Philadelphia bench, said in her published concurring opinion that "two significant ethical issues are raised: (1) doubt regarding the trial court's transparency; and (2) the lack of recourse for the aggrieved party to test the conclusion of no partiality or bias by discovery, should he so desire. Where a court has specific knowledge of a private matter or situation in which his or her impartiality may reasonably be questioned, it is his duty to disclose that information to the parties."

And in a footnote in the unpublished majority opinion authored by Judge Jacqueline O. Shogan, Shogan, Lazarus and Senior Judge William H. Platt said, "We note our disapproval of the trial judge's failure to disclose his relationship to appellee's counsel and remind him of his obligation pursuant to Pennsylvania Code of Judicial Conduct Canon 3(c)."

That part of the canon states that a judge should disqualify himself or herself when his or her "impartiality might reasonably be questioned," including that he or she knows that his or her spouse or minor child living at home "has a substantial financial interest in the subject matter in controversy or is a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding" or if the judge, his spouse, or a person "within the third degree of relationship to either of them" is "known by the judge to have an interest that could be substantially affected by the outcome of the proceeding."

Heather Tereshko is now a shareholder at Christie, Pabarue, Mortensen and Young.

Amaris Elliott-Engel can be contacted at 215-557-2354 or aelliott-engel@alm.com. Follow her on Twitter @AmarisTLI.

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